Thomas P. Callan, P.A., lawyers in Orlando, FL, Florida

Eminent Domain is when a governmental entity seeks to acquire a portion or all of one's property or business for a public purpose, such as the construction of a public highway.
	What Compensation Am I Entitled to Receive?
		In order to exercise the power of Eminent Domain, Florida Law requires that all owners receive Full Compensation for the property taken. Full Compensation includes, but is not limited to, the fair market value of the real estate and any improvements taken, reduced value of the remaining property, severance damages, and in some cases, moving costs. All facts that bear a reasonable relationship to one's loss must be taken into account. Every land and business owner is entitled to a jury trial to determine the amount of Full Compensation and Business Damages.
	Who Pays My Attorney Fees & Appraisal Costs?
		Under Florida Law, the government is required to pay the landowner or business owner?s:

		1.	Attorney Fees;
		2.	Fees for appraisers, accountants, engineers, and other experts' fees; and
		3.	Costs for exhibits, video tapes, deposition testimony, court reporting fees, etc.

		The purpose for requiring the government to pay one's attorney and experts fees is to ensure that the individual has resources equal to the government in an eminent domain action.
	How Soon Should I Get an Attorney Involved?
		Immediately. An attorney is necessary to assemble your claim, analyze the government's construction plans, and draft a binding settlement agreement that protects you in the future. Any leases need to be reviewed, as a lease term can limit the Business Damages that a business owner can claim. The terms of, or lack of, a condemnation clause in a lease could allow a tenant to be entitled to a portion of the landlord's claim for the property taken. Lease amendments should be negotiated before the initial offer is received from the government.
	Legal Counsel Will:
		1.	Ensure you are compensated for all claims,
		2.	Make your claim for Full Compensation and/or Business Damages,
		3.	Present the highest and most profitable use of your property,
		4.	Analyze all construction plans prepared by the government,
		5.	Assess the impacts that the project will have on your remaining property,
		6.	Draft a settlement agreement or final judgment that protects your interests in the future, and
		7.	Litigate your claim, if necessary.
	Business Damages
		Under Florida Law, business owners may be entitled to Business Damages. Business Damages include, but are not limited to, the reduced profit making ability of one's business. A Business Damage claim must be prepared and presented to the government within 180 days after the government provides the statutory notice. To present a business damage claim, one must first quantify how the loss of property will reduce the value of the business. Our firm has extensive experience with market consultants, traffic engineers, and other experts who quantify the reduction of the business caused by a taking.
	Land/Business Owners Have the Right To:
		1.	Challenge the project or its design;
		2.	Examine the government's appraisal:
		3.	Prove damages greater than the appraisal prepared by the government;
		4.	Have your property valued at its highest and most profitable use, which may be based on a reasonable probability of rezoning;
		5.	Make a counteroffer or refuse to sell;
		6.	Request changes to the construction plans of a project to benefit your remaining property; and
		7.	A jury trial.